Well, this certainly explains a whole lot. Both Apple and Microsoft have stated that the legality of Theora is highly debatable, and as it turns out, they knew more than we do - most likely courtesy of their close involvement with the MPEG-LA. Responding to an email from Free Software Foundation Europe activist Hugo Roy, Steve Jobs has stated that a patent pool is being assembled to go after Theora. Update: Monty Montgomery of Xiph (Ogg and Theora's parent organisation) has responded on Slashdot: "If Jobs's email is genuine, this is a powerful public gaffe ('All video codecs are covered by patents'). He'd be confirming MPEG's assertion in plain language anyone can understand. It would only strengthen the pushback against software patents and add to Apple's increasing PR mess. Macbooks and iPads may be pretty sweet, but creative individuals don't really like to give their business to jackbooted thugs."

Patent law should not apply to software - PERIOD. These laws generally do nothing to protect innovators. Instead, they protect companies with huge wallets to lock-down markets and stifle the industry.

Every menial idea in software can be awarded a patent. A new programmer or start-up risks infringement by merely entering the industry with a few lines of obvious logic!

At the very least, there should a "put up or shut up" IP law where -> if you insinuate or claim that another party treads upon your patents, you (the patent owner) are required to immediately and openly disclose which specific patents are being violated. Failure to disclose this information voluntarily or immediately upon request would absolve the alleged infringer.

I honestly don't care who came up with the idea of "swipe to unlock," "one-click" shopping. You should be able to innovate by evolving existing concepts---that will keep software moving forward. The best implementation wins out, as opposed to the biggest company with largest patent portfolio.